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Module 3 - State Immunity from Suit

This module focuses on State Immunity from Suit, outlining objectives for students to understand the distinctions between suits against the state, government agencies, and officials. It covers legal principles, exceptions to immunity, and the implications of consent to be sued. A reading list of relevant cases is provided for further study.

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Pilacan Karyl
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13 views

Module 3 - State Immunity from Suit

This module focuses on State Immunity from Suit, outlining objectives for students to understand the distinctions between suits against the state, government agencies, and officials. It covers legal principles, exceptions to immunity, and the implications of consent to be sued. A reading list of relevant cases is provided for further study.

Uploaded by

Pilacan Karyl
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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POLITICAL AND PUBLIC INTERNATIONAL LAW REVIEW

ATTY. JOHN RAY LIBIRAN

M O D U L E III
State Immunity from Suit

Objectives
By the end of this module, students should be able to:

1. Determine if a suit is against the state


2. Distinguish suits against government agencies and suits against government officials
3. Extend the concept to foreign states and other international organizations

Module Guide
Study the following concepts and answer the guide questions

1. Article XVI, Section 9


a. General rule
b. Exceptions to the rule
2. Basis
a. Why should the state be immune from suit?
b. What does the legal maxim par in parem non habet imperium mean?
3. Suit against the State
a. Incorporated agencies
b. Unincorporated agencies
4. Suit against government officials
a. In the performance of their official functions
b. In their private capacity
5. Distinction of Jure Imperii and Jure Gestionis
a. What are the governmental actions that are considered in the exercise of
sovereignty?

This module is protected by Philippine and other international copyright laws. Reproduction and distribution in
any form, uploading or posting online, transmitting in any for or by any means, without the written permission of
the author is prohibited. All rights reserved. August 2020.
b. What are the governmental actions that are considered commercial or
proprietary?
6. How is consent to be sued given?
7. Distinction between suability and liability
a. If the state consents to be sued, does it also consent to be liable?
b. What is the Royal Prerogative of Dishonesty Doctrine?

Reading list
1. U.S.A. vs. Reyes, G.R. No. 79253, March 1, 1993
2. The Holy See v. RTC, G.R. 101949, Dec. 1, 1994
3. SEAFDEC v. NLRC, 241 SCRA 580
4. Callado v. IRRI, 244 SCRA 210
5. DFA v. NLRC, Sept. 18, 1996
6. Municipality of San Fernando v. Judge Firme, 195 SCRA 692
7. Farolan v. CTA 217 SCRA 298
8. City of Angeles v. CA, G.R. No. 97882, Aug. 28,1996
9. Veterans Manpower v. CA, 214 SCRA 286
10. Wylie v. Rarang, 209 SCRA 357
11. Republic v. Feliciano, 148 SCRA 424
12. Meritt v. Gov't. of the Phil. Islands, 34 Phil. 311
13. Froilan v. Pan Oriental Shipping, Sept. 30, 1954
14. Meritt v. Gov't. of the Phil. Islands, 34 Phil. 311
15. Fontanilla v. Maliaman, 194 SCRA 486
16. Republic v. Villasor, 54 SCRA 84
17. Municipality of San Miguel v. Fernandez, 130 SCRA 56
18. Municipality of Makati v. CA, 190 SCRA 206
19. Ministerio v. CFI of Cebu, 40 SCRA 464
20. Arigo et.al v Swift, et.al 735 SCRA 102
21. USA vs. Ruiz 136 SCRA 487
22. Buisan vs. COA G.R. No. 212376, January 31, 2017

Assessment
An examination will be given as scheduled

This module is protected by Philippine and other international copyright laws. Reproduction and distribution in
any form, uploading or posting online, transmitting in any for or by any means, without the written permission of
the author is prohibited. All rights reserved. August 2020.

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